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Shirk v. Vista Unified School District4/5/2005
CERTIFIED FOR PUBLICATION
In this negligence action against the Vista Unified School District (District), plaintiff Linda Shirk alleges that years ago, as a teenage high school student, she was molested by a teacher then employed by the District, and that the District knew or must have known of the alleged molestation at the time but failed to stop it, causing her psychological injury that was only recently discovered. (Code Civ. Proc., § 340.1.) The trial court sustained the District's demurrer without leave to amend due to Shirk's failure to file a timely governmental tort claim within six months of the accrual of her cause of action, as measured from the date the alleged molestation ended in 1979. (Cal. Tort Claims Act, Gov. Code, § 810 et seq.; hereinafter, the Tort Claims Act.)
Shirk appeals the judgment of dismissal, contending her complaint was timely filed within three years of the accrual of her negligence causes of action, as measured by section 340.1, allowing the bringing of an action and the revival of lost causes of action seeking compensation for childhood sexual abuse injuries. In her view, under this statute, she has successfully pleaded delayed accrual of her cause of action and adequate compliance with claims requirements, by alleging that she did not discover the alleged acts were the cause of her adult psychological injuries until she underwent a psychological examination in September of 2003. (§ 340.1, subd. (a)(2).) She also relies in part on 2002 amendments to the statute allowing persons over age 26 to sue employing entities under certain circumstances (§ 340.1, subd. (b)(2)), and further, on its provisions for the revival of lost claims. (§ 340.1, subd. (c).)
In this unique set of factual circumstances, we agree that Shirk has brought her pleadings within the scope of section 340.1 and reverse the judgment of dismissal, directing the trial court to enter a new order overruling the demurrer.
BACKGROUND
For purposes of analyzing the demurrer, the courts will accept as true the facts alleged in the complaint. (John R. v. Oakland Unified School District (1989) 48 Cal.3d 438, 441, fn. 1.) Shirk, now in her 40's, alleges that between May 1978 and November 1979, while ages 15 through 17, she was continuously sexually molested by a teacher employed by the District, Jeffrey Jones, on school premises, during school hours and school activities, and elsewhere. Another female student was also previously molested by Jones. Shirk contends that the District negligently supervised Jones and due to his readily discoverable failures to follow proper school policy, the District knew or should have known that he was sexually molesting her.
In June 2001, Shirk's 15-year-old daughter was attending the same school, where Jones still taught, and Shirk encountered Jones at school events. Shirk became very upset about what happened to her earlier in her life and reported the molestations to law enforcement officials. Jones met with her while she was wearing a law enforcement wire and he admitted these molestations occurred.
On September 12, 2003, Shirk was examined by a psychologist who rendered the opinion that she had incurred psychological injuries due to this sexual molestation and it is the cause of her adult psychological injuries. Shirk filed this complaint on September 23, 2003 against Jones and the District. She alleged that she has adequately complied with governmental claims statutes. As against the District, she pled general negligence and negligent supervision of Jones.
The District brought a general demurrer to the complaint, contending it should not properly be subjected to vicarious liability
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